When possible becomes impossible: Force majeure and frustration in commercial contracts

New Zealand (and indeed the world) has had its fair share of unforeseen, devastating and disruptive events in recent years. As a business owner, you have likely entered commercial contracts for the supply of goods and services to and from your business. Unforeseen events can detrimentally impact the operation of these commercial arrangements and mean it becomes impossible for one or both parties to deliver on their contractual obligations. Where this happens, you may want to suspend or terminate a contract. However, if your contract does not allow for termination for convenience, you may need to rely on a force majeure clause (if the contract has one) or the doctrine of frustration.